[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Proposed Rules]
[Page 64681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26333]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 /
Proposed Rules
[[Page 64681]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Doc. No. AMS-FV-10-0077; FV10-983-3 CR]
Pistachios Grown in California, Arizona, and New Mexico;
Continuance Referendum
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Referendum order.
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SUMMARY: This document directs that a referendum be conducted among
eligible California, Arizona, and New Mexico pistachio producers to
determine whether they favor continuance of the marketing order
regulating the handling of pistachios grown in California, Arizona, and
New Mexico.
DATES: The referendum will be conducted from November 1 through
November 20, 2010. To vote in this referendum, producers must have
produced pistachios in California, Arizona, or New Mexico during the
period September 1, 2009, through August 31, 2010.
ADDRESSES: Copies of the marketing order may be obtained from the
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Division, AMS, U.S. Department of
Agriculture, 2202 Monterey Street, Suite 102B, Fresno, California,
93721-3129, or the Office of the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237.
FOR FURTHER INFORMATION CONTACT: Andrea Ricci, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or E-mail:
[email protected] or [email protected], respectively.
SUPPLEMENTARY INFORMATION: Pursuant to Marketing Order No. 983 (7 CFR
part 983), hereinafter referred to as the ``order,'' and the applicable
provisions of the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' it
is hereby directed that a referendum be conducted to ascertain whether
continuance of the order is favored by producers. The referendum shall
be conducted from November 1 through November 20, 2010, among eligible
California, Arizona, and New Mexico pistachio producers. Only producers
that were engaged in the production of pistachios in California,
Arizona, or New Mexico during the period of September 1, 2009, through
August 31, 2010, may participate in the continuance referendum.
USDA has determined that continuance referenda are an effective
means for determining whether producers favor the continuation of
marketing order programs. USDA would consider termination of the order
if less than two-thirds of the producers voting in the referendum or
producers of less than two-thirds of the volume of California, Arizona,
and New Mexico pistachios represented in the referendum favor
continuance of their program. In evaluating the merits of continuance
versus termination, USDA will consider the results of the continuance
referendum and other relevant information regarding operation of the
order. USDA will evaluate the order's relative benefits and
disadvantages to producers, handlers, and consumers to determine
whether continuing the order would tend to effectuate the declared
policy of the Act.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the ballot materials used in the referendum herein ordered
have been approved by the Office of Management and Budget (OMB), under
OMB No. 0581-0215, Pistachios Grown in California, Arizona and New
Mexico. It has been estimated that it will take an average of 20
minutes for each of the approximately 840 producers of California,
Arizona, and New Mexico pistachios to cast a ballot. Participation is
voluntary. Ballots postmarked after November 20, 2010, will not be
included in the vote tabulation.
Andrea Ricci and Kurt J. Kimmel of the California Marketing Field
Office, Fruit and Vegetable Programs, AMS, USDA, are hereby designated
as the referendum agents of the Secretary of Agriculture to conduct
this referendum. The procedure applicable to the referendum shall be
the ``Procedure for the Conduct of Referenda in Connection With
Marketing Orders for Fruits, Vegetables, and Nuts Pursuant to the
Agricultural Marketing Agreement Act of 1937, as Amended'' (7 CFR
900.400-900.407).
Ballots will be mailed to all producers of record and may also be
obtained from the referendum agents or from their appointees.
List of Subjects in 7 CFR Part 983
Marketing agreements and orders, Pistachios, Reporting and
recordkeeping requirements.
Authority: 7 U.S.C. 601-674.
Dated: October 14, 2010.
David R. Shipman,
Acting Administrator.
[FR Doc. 2010-26333 Filed 10-19-10; 8:45 am]
BILLING CODE 3410-02-P